FearAndLoathingInTermsOfUse: Don't change the terms if they're not broken.

I’m reading over on John Nack’s blog that some folks are complaining about the terms of use for Photoshop Express. Here’s the paragraph which is, apparently, offending:

8. Use of Your Content. Adobe does not claim ownership of Your Content. However, with respect to Your Content that you submit or make available for inclusion on publicly accessible areas of the Services, you grant Adobe a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sublicensable license to use, distribute, derive revenue or other remuneration from, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other Materials or works in any format or medium now known or later developed.

Essentially, that’s ssaying that Adobe acknowledges that you own your own content, and if you make your images publicly available they have the right to do whatever they want with them.

And I say…….. fair enough.

I think that’s downright fair and decent of them. They provide 2Gb of storage space and a set of great editing tools for free. I can choose to keep stuff private or open it up to all, and in return they can use anything that catches their eye. Sounds like a good deal to me; I don’t know what all the fuss is about. John Nack has said that the Photoshop Express team are looking at the license in order to quell the naysayers anyhow.

The think is that some people will always complain about Terms of Use, meaning their voices drown out the real, legitimate objections (Apple, I’m looking at you. My music is mine, not yours). There are still photosites, bloghosts and competitions that claim you hand your copyright to them if you use their services. That’s Wrong and Bad and Unfair and most likely wouldn’t stand up in court anyhow – but that’s not what Photoshop Express’s Terms say.

But then, I’m a great believer in the principle of if you love something set it free which is why this site and all my sites are under a Creative Commons license. All I ask is a credit if you use my stuff commercially, because that’s nice to stick on my resume. I don’t think that’s too much to ask :)

But back to Adobe. Don’t change the terms, John. They’re not broken.

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